Showing Posts In "Canada" Category

The 5 Hottest Human Resources Questions About Cannabis

The holidays bring lots of holiday joy – and some holiday headaches for human resources professionals and employers. And this year’s legalization of recreational cannabis use is fuelling lots of HR questions. The hottest one of the season: do employers that offer alcohol at holiday work parties also have to offer cannabis? Here’s the answer to […]

Legalization of Cannabis: A Guide For Employers

With the legalization of recreational cannabis as of October 17, 2018, Canadian employers must be prepared to understand their rights and responsibilities vis-à-vis their employees. Employers are encouraged to adopt or amend their substance and drug use policies to conform to cannabis legalization. First, employers’ drug policies should clearly stipulate that they apply to cannabis […]

GDPR Territorial Scope – Draft Guidelines Released that May Help Canadians Established Outside the EU Understand Whether They Must Comply

Canadian businesses, particularly those with no physical presence in the EU, have been struggling to manage their compliance efforts with respect to the GDRP. These Guidelines should help organizations better understand when they may be subject to the GDPR. The Guidelines are in draft form and comments must be submitted before January 18, 2019. Read […]

Five Steps to Compliance with Privacy Consent Guidelines

On January 1, 2019, the Privacy Commissioner of Canada will begin enforcing Guidelines for obtaining meaningful consent, which impose requirements for obtaining legally valid privacy consents. This bulletin summarizes five steps to compliance with the Guidelines. In May 2018, the Office of the Privacy Commissioner of Canada and the Offices of the Information and Privacy Commissioners […]

Canada: Zero Tolerance Policies and Medicinal Marijuana

Employers are searching for answers regarding the upcoming legalization of marijuana for recreational use. Although employers have a legal duty to accommodate workers who are addicted to marijuana in the same manner as those addicted to alcohol and other substances, a zero tolerance policy still is permissible for those in safety sensitive positions. The plaintiff […]

The Legalization of Recreational Marijuana Does Not Translate into a Free-for-All in the Workplace

The Cannabis Act (the Act) came into force on Oct. 17, 2018, creating a legal framework for the recreational use of marijuana. Its legalization does not provide employees with a right to use marijuana in the workplace and employers have the right to establish policies pertaining to the use and possession of the drug at […]

Tailored Pre-Employment Testing Given the Green Light

The employer in BC Hydro and Power Authority and- International Brotherhood of Electrical Workers, Local 258 implemented a pre-employment drug and alcohol testing requirement for new applicants applying for safety-sensitive positions under the hiring hall provision of the collective agreement. The union grieved the pre-employment testing and the employer agreed that a labour arbitrator had […]

If Employees Are Impaired by Cannabis at Work, Can We Terminate Them?

Although employers may have just cause to terminate an employee based on an instance of impairment, employers must consider whether they are discriminating against an individual who has been prescribed medical marijuana for a disability. Considerations include whether the impairment is somehow connected to a disability or if the person is addicted to cannabis, which […]

Does an Employee Have a Duty to Disclose Medical Cannabis Use to an Employer?

Although there is no overarching legal requirement or principle that workers must disclose the use of medical cannabis to their employer, it remains unclear whether workers have a duty to disclose such information under the Occupational Health and Safety Act (OSHA). Requirements likely will be determined by the type of medical marijuana being consumed as […]

Can We Implement Random Cannabis Drug Testing?

Although the courts may permit random testing in dangerous workplaces, doing so is only permitted when such testing is a proportionate response that considers legitimate safety concerns and privacy issues. The courts have not yet ruled that employers can randomly test for marijuana use or other drug and alcohol use. In Irving Pulp & Paper […]

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